[Federal Register Volume 72, Number 5 (Tuesday, January 9, 2007)]
[Notices]
[Pages 1030-1032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-74]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos.: 50-263, 50-255; 50-266; 50-301, 50-282, 50-306 License 
Nos.; DPR-22, DPR-20 DPR-24; DPR-27, DPR-42, DPR-60; EA-06-178]


In the Matter of Nuclear Management Company, Monticello Nuclear 
Generating Plant, Palisades Nuclear Power Plant, Point Beach Nuclear 
Plant Units 1 & 2, Prairie Island Nuclear Generating Plant Units 1 & 2; 
Confirmatory Order Modifying License (Effective Immediately)

I

    Nuclear Management Company, LLC (NMC or Licensee) is the holder of 
Facility Operating License Nos. DPR-20, DPR-42, and DPR-60 and renewed 
Facility Operating License Nos. DPR-22, DPR-24, and DPR-27 issued by 
the U.S. Nuclear Regulatory Commission (NRC or Commission) pursuant to 
10 CFR Part 50 on, February 21, 1991, April 5, 1974, October 29, 1974, 
November 8, 2006, December 22, 2005, and December 22, 2005, 
respectively. The licenses authorize the operation of Monticello 
Nuclear Generating Plant, Palisades Nuclear Power Plant, Point Beach 
Nuclear Plant (PBNP), and Prairie Island Nuclear Generating Plant in 
accordance with conditions specified therein. The facilities are 
located on the Licensee's sites in Monticello, Minnesota; South Haven, 
Michigan; Two Rivers, Wisconsin; and Red Wing, Minnesota.

II

    On March 18, 2005, the NRC's Office of Investigations (OI) began an 
investigation to determine whether a senior reactor operator (SRO) at 
the PBNP was the subject of employment discrimination in violation of 
10 CFR 50.7, ``Employee protection.'' In OI Report No. 3-2005-010, OI 
concluded that an SRO was discriminated against by PBNP management, in 
part, for raising safety concerns using the Licensees' corrective 
action program (CAP). By letter dated August 22, 2006, the NRC 
identified to the Licensee an apparent violation of 10 CFR 50.7, and 
offered NMC the opportunity to provide a written response, attend a 
predecisional enforcement conference, or to request alternative dispute 
resolution (ADR) in which a neutral mediator with no decision-making 
authority would facilitate discussions between the NRC and NMC and, if 
possible, assist the NRC and NMC in reaching an agreement. NMC chose to 
participate in ADR. On October 31, 2006, the NRC and NMC met in Green 
Bay, Wisconsin, in an ADR session mediated by a professional mediator, 
arranged through Cornell University's Institute on Conflict Resolution.

III

    This Confirmatory Order is issued pursuant to the agreement reached 
during the ADR process.
    Specifically, NMC agreed to the following:

    1. By no later than nine (9) months after the issuance of this 
Confirmatory Order, NMC agrees to review, revise, and communicate to 
NMC employees and managers its policy relating to the writing of 
corrective action program (CAP) reports, and provide training to NMC 
employees and managers to clarify management's expectation regarding 
the use of the program with the goal to ensure employees are not 
discouraged, or otherwise retaliated or perceived to be retaliated 
against, for using the CAP.
    2. By no later than June 30, 2007, NMC agrees to communicate its 
safety culture policy (including safety conscious work environment 
(SCWE)) to NMC employees, providing employees with the opportunity to 
ask questions in a live forum.
    3. By no later than nine (9) months after the issuance of this 
Confirmatory Order, NMC agrees to train its employees holding 
supervisory positions and higher who have not had formal training on 
SCWE principles within the previous two years of the Confirmatory 
Order. NMC agrees to use

[[Page 1031]]

a qualified training instructor (internal or external) for such 
training.
    NMC shall review and enhance, if necessary, its refresher SCWE 
training consistent with NMC's refresher training program and provide 
such refresher training to its employees. New employees holding 
supervisory positions and higher shall be trained on SCWE principles 
within nine (9) months of their hire dates unless within the previous 
two years of their hire dates, they've had the same or equivalent SCWE 
training.

    4. By no later than March 30, 2007, NMC agrees: To develop action 
plans to address significant issues identified as needing management 
attention in the NMC 2004 and 2006 Comprehensive Cultural Assessments 
at PBNP; to conduct focus group interviews with Priority 1 & 2 
organizations to understand the cause of the survey results; and to 
review and, as appropriate, reflect nuclear industry best practices in 
its conduct of focus groups and action plans to address the issues at 
PBNP.
    NMC has agreed that this Confirmatory Order shall include the 
commitments noted above, and NRC has agreed it will not pursue any 
further enforcement action for this issue and will not count this 
matter as previous enforcement for the purposes of assessing potential 
future enforcement action civil penalty assessments in accordance with 
Section VI.C of the Enforcement Policy.
    On December 20, 2006, NMC consented to the NRC issuing this 
Confirmatory Order with the commitments, as described in Section IV, 
below. NMC further agreed in its December 20, 2006, letter that this 
Confirmatory Order is to be effective upon issuance and that it has 
waived its right to a hearing. The NRC has concluded that its concerns 
can be resolved through issuance of this Order.
    I find that the Licensee's commitments as set forth in Section IV 
are acceptable and necessary and conclude that with these commitments 
the public health and safety are reasonably assured. In view of the 
foregoing, I have determined that the public health and safety require 
that the Licensee's commitments be confirmed by this Confirmatory 
Order. Based on the above and the Licensee's consent, this Confirmatory 
Order is immediately effective upon issuance. NMC is required to 
provide the NRC with a letter summarizing its actions when all of the 
Section IV requirements have been completed.

IV

    Accordingly, pursuant to Sections 103, 161b, 161i, 161o, 182, and 
186 of the Atomic Energy Act of 1954, as amended, and the Commission's 
regulations in 10 CFR 2.202 and 10 CFR Part 50, it is hereby ordered, 
effective immediately, that license nos. DPR-22, DPR-20, DPR-24, DPR-
27, DPR-42, and DPR-60 are modified as follows:
    1. By no later than nine (9) months after the issuance of this 
Confirmatory Order, NMC shall review, revise, and communicate to NMC 
employees and managers its policy relating to the writing of corrective 
action program (CAP) reports, and provide training to NMC employees and 
managers to clarify management's expectation regarding the use of the 
program with the goal to ensure employees are not discouraged, 
retaliated against, or perceived to be retaliated against, for using 
the CAP.
    2. By no later than June 30, 2007, NMC shall communicate its safety 
culture policy (including safety conscious work environment (SCWE)) to 
NMC employees, providing employees with the opportunity to ask 
questions in a live forum.
    3. By no later than nine (9) months after the issuance of this 
Confirmatory Order, NMC shall train its employees holding supervisory 
positions and higher who have not had formal training on SCWE 
principles within the previous two years of the confirmatory order. NMC 
agrees to use a qualified training instructor (internal or external) 
for such training.
     NMC shall review and enhance, if necessary, its refresher SCWE 
training consistent with NMC's refresher training program and provide 
such refresher training to its employees. New employees holding 
supervisory positions and higher shall be trained on SCWE principles 
within nine (9) months of their hire dates unless within the previous 
two years of their hire dates, they've had the same or equivalent SCWE 
training.
    4. By no later than March 30, 2007, NMC shall develop action plans 
to address significant issues identified as needing management 
attention in the NMC 2004 and 2006 Comprehensive Cultural Assessments 
at PBNP; to conduct focus group interviews with Priority 1 & 2 
organizations to understand the cause of the survey results; and to 
review and, as appropriate, reflect nuclear industry best practices in 
its conduct of focus groups and action plans to address the issues at 
PBNP.
     As part of the development of the action plans, NMC shall also 
assess and address any legacy issues identified in prior safety culture 
assessments (i.e. CAP report AR00510074 and Synergy Safety Culture 
Assessment) that impact the safety culture at PBNP.
     The executive summary, analysis, and contemplated action plans 
shall also be submitted to the NRC.
    5. By no later than December 31, 2008, NMC shall perform another 
survey at PBNP comparable to the 2004 and 2006 surveys to assess trends 
of the safety culture at the site and the overall effectiveness of 
corrective actions taken in response to prior year assessments (i.e. 
CAP report AR00510074 and 2006 Synergy survey).
    6. By no later than 3 months after the receipt of the next cultural 
survey results at PBNP, NMC shall submit the executive summary, 
analysis of the results, and the contemplated corrective actions to the 
NRC.
    7. NMC shall continue to implement a process which ensures that 
adverse employment actions are in compliance with NRC employee 
protection regulations and principles of SCWE.
    .8. In the event of the transfer of the operating license of any 
NMC operated facility to another entity, the commitments shall survive 
for the NMC fleet generally and PBNP specifically.
    9. Any reference to NMC employees includes all NMC employees fleet 
wide. The Director, Office of Enforcement, may relax or rescind, in 
writing, any of the above conditions upon a showing by the Licensee of 
good cause.

V

    Any person adversely affected by this Confirmatory Order, other 
than the Licensee, may request a hearing within 20 days of its 
issuance. Where good cause is shown, consideration will be given to 
extending the time to request a hearing. A request for extension of 
time must be made in writing to the Director, Office of Enforcement, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555, and include a 
statement of good cause for the extension. Any request for a hearing 
shall be submitted to the Secretary, U.S. Nuclear Regulatory 
Commission, ATTN: Rulemakings and Adjudications Staff, Washington, DC 
20555. Copies also shall be sent to the Director, Office of 
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555, 
to the Assistant General Counsel for Materials Litigation and 
Enforcement at the same address, to the Regional Administrator, NRC 
Region III, 2443 Warrenville Road, Suite 210, Lisle, IL 60532-4352, and 
to the Licensee. Because of potential disruptions in delivery of mail 
to United States

[[Page 1032]]

Government offices, it is requested that requests for hearing be 
transmitted to the Secretary of the Commission either by means of 
facsimile transmission to 301-415-1101 or by e-mail to 
<a href="/cdn-cgi/l/email-protection#056d6064776c6b62616a666e6071456b77662b626a73"><span class="__cf_email__" data-cfemail="ed85888c9f84838a89828e868899ad839f8ec38a829b">[email protected]</span></a> and also to the Office of the General Counsel 
either by means of facsimile transmission to 301-415-3725 or by e-mail 
to <a href="/cdn-cgi/l/email-protection#bcf3fbfff1ddd5d0ffd9d2c8d9cefcd2cedf92dbd3ca"><span class="__cf_email__" data-cfemail="632c24202e020a0f20060d170611230d11004d040c15">[email protected]</span></a>. If a person requests a hearing, that person 
shall set forth with particularity the manner in which his interest is 
adversely affected by this Order and shall address the criteria set 
forth in 10 CFR 2.309(d) and (f).
    If the hearing is requested by a person whose interest is adversely 
affected, the Commission will issue an Order designating the time and 
place of any hearing. If a hearing is held, the issue to be considered 
at such hearing shall be whether this Confirmatory Order should be 
sustained. In the absence of any request for hearing, or written 
approval of an extension of time in which to request a hearing, the 
provisions specified in Section IV shall be final 20 days from the date 
of this Order without further order or proceedings. If an extension of 
times for requesting a hearing has been approved, the provisions 
specified in Section IV shall be final when the extension expires if a 
hearing request has not been received. A request for hearing shall not 
stay the immediate effectiveness of this order.

    Dated this 3rd day of January, 2007.

    For the Nuclear Regulatory Commission.
Cynthia A. Carpenter,
Director Office of Enforcement.
 [FR Doc. E7-74 Filed 1-8-07; 8:45 am]
BILLING CODE 7590-01-P


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